SCHOOL NEGLIGENCE IN NEW YORK: WHAT YOU NEED TO KNOW
By The Klein & Cardali Law Group, PLLC - September 28, 2026
It’s that time of year again, as summer fades and autumn makes its mark in New York. School is now back in session. These institutions carry a heavy burden beyond education. As a parent, you are entrusting the most precious thing in your life, your child, to the care of school faculty and staff. While you are busy at work or running daily errands, you hope the school is doing everything in its power to keep your children safe. But if an accident were to happen while your child is at school, the school could be held liable for negligence.We’ll take a look now at some of the ways this is possible.
BUSES AND TRANSPORTATION
Many families don’t have the luxury of picking up or dropping off their kids at school, so they rely on school buses to safely transport their children. School bus drivers operate under immense pressure to avoid accidents and keep students safe in their care. However, if the driver is operating the bus recklessly or exceeding speed limits, the school and the driver could be held liable for any injuries that occur. In fact, a scary incident occurred recently on September 17, when a school bus plowed into a residential building in Crown Heights, Brooklyn. Surveillance video captured the scary incident. Thankfully, there were no students on board the bus and the driver was not seriously injured. There are also very specific laws and regulations that apply when a school bus is stopped to let children off the bus. Vehicle and Traffic Law § 1174 states that drivers who do not stop while a school bus is displaying its stop sign arm and flashing its red lights could be subject to punishment, fine or penalty.
SAFETY IN SCHOOL ZONES
School crossing zones are heavily trafficked throughout the day and can be extremely dangerous. Cars, buses, and bikes are constantly going through while children are crossing or playing nearby. As a driver, you have an obligation to yield or stop for pedestrians at all times in school crossing zones. One of the most significant laws that protects these zones is the New York Vehicle and Traffic Law (VTL) § 1180(c) which governs speeding violations during school hours that normally run from 7am and 6pm. If you are caught going over the speed limit in a school zone you can face significant fines and penalties, and worse, commit a negligent act that injures a child, parent, or crossing guard.
SCHOOL CROSSING GUARDS
School crossing guards are often employed to make sure students walk safely across busy intersections. But sometimes guards can have a lapse in judgment, and allow children to enter an intersection that isn’t safe, resulting in possible negligence. Should an accident occur, it can become a difficult matter to navigate if you don’t have legal guidance. Therefore, it would be best that you consult with an attorney first, to get the facts straight, if a school crossing guard is in fact accountable for your child’s injuries.
BULLYING
Schools are constantly under the microscope when it comes to bullying. Children can sometimes physically harm one another seemingly without any rhyme or reason as to why they are committed the act. And most of the time, physical altercations can escalate quickly. For the school to be held accountable, the injured party must show that school faculty and staff “had sufficiently specific knowledge or notice of the dangerous conduct which caused injury; that is, that the third-party acts could reasonably have been anticipated” (Mirand v. City of New York, 84 N.Y.2d 44).
Not all damage is physical; and in the world we live in today, more than ever with social media and AI, your child could be the victim of cyber-bullying. Psychological trauma can be just as painful as a broken bone. Schools are expected to respond once they have reasonable knowledge that a cyber-bullying incident has occurred. Some schools have taken significant steps to safeguard against it, but tragic cases of children harming themselves or even taking their lives are unfortunately still happening.
POOR SUPERVISION
School employees are tasked daily watching over dozens, sometimes hundreds of children at a time. Be it at recess, gym, or on field trips, schools are constantly under pressure to keep a safe environment for students. Faculty and staff must keep an eye out at all times. Stepping away for ”just for a minute” can result in negligence in a matter of seconds. In simpler terms, the school is expected to provide “competent supervision” throughout the course of the day for students. If the school fails to “adequately supervise the students in their charge they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.” (Mirand v. City of New York, 84 N.Y.2d 44). Again, it is important to contact an attorney who can navigate the difficulties when determining if poor supervision results in a negligent act.
MEDICAL EMERGENCIES
Medical emergencies can also result in negligence on the school’s part should they fail to act accordingly. Faculty and staff are expected to have some formal training on addressing allergies, asthma, and other common medical conditions. Some allergic reactions are so serious and severe, that quick corrective action (like the use of an EpiPen) could mean the difference between life and death.
ATHLETICS
Youth sports carry inherent physical risks, and student-athletes, along with their parents or guardians, generally accept those risks when they play by signing waivers before participating in events. However, schools are expected to maintain a reasonable amount of safety in the school yards, fields, and athletic facilities. If equipment is cracked or broken, such as helmets or pads, that could result in an injury that otherwise could have been avoided. Fields or gymnasiums that have defects such as unpatched divots or damaged floor boards could also result in injury as well.
DO YOU HAVE A NEGLIGENCE CASE AGAINST THE SCHOOL?
The last thing you want to worry about is your child’s safety at school. But if an accident should occur, call us today for a free consultation to find out whether the school acted negligently. Our experience attorneys and staff can help answer all of your difficult questions.